Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-03-18

The following communication was received
from the Governor:
To the Senate of the Sxty-Third Legisla-
ture:-
| herewith return. with my objections, to
the branch in which it originated. can act
to regulate the practice of medicine"
The objections to the act are numerous,
the most serious of which are contained in
the fourteenth section. After providing that
physicians already in practice shall be COM
PEELED to register and pay fee of three dol
lars for the privilege, the section
declares that in default of registration
and certification, physician, regardless of
the years of his practice UT his professions
rank. may be heavily fined and sent to prison !;
and even after that ignomiDious punishment
he shall have no right to collect his fees for
medical services.
| The meaning of the section is somewhat
confused and obscure, but enough is plain to
show that II is in open conflict with the ninth
section in the Declaration of Rights in the
Maine Constitution. which declares that "all
penalties and pupshments shall be proper
toned to the otfenSe," that excessive fines
shall net be imposed" that ''cruel and I'M
usual punshments shall not be inflicted"
To require merely perfunctory duty from
a physician already in practice, and then to
enact that if he fails or neglects to perform
it he shall be made the prey of the infurmer
may DE fined $500, imprisoned six months,
and actually deprived of the emoluments and
gains of his profession, would seem to be
repugnant, not only to the letter, but to the
entire spirit of the organic law of the State
The third section of the act provides for a
permanent Board of Medical Examination
and Registration, to be composed Of five
.ith G,,a
members of the board shall meet as often as
in their discretion they may choose, and the
pay of each member shall be FIVE dollars a
day and travelling expenses.
| With all the duties devolved upon the
board by the act, they would probably be in
session larger portion of the year. Their
paw, in the aggregate, would amount to a
large sum, and according to the act the whole
of it is to be taken from the pockets of the
medical profession of the State by a series
of fees, exactions and fines, for the levying
of which there is, in my Judgment, no justi.
fcation whatever.
If there be an evil in the State of the mag.
nilude which the act presumes and premises,
then it should be extirpated at the expense
of the public treasury, and not made charge
upon the medical profession. 1t would Ger.
tainly be unjust to exact fees and charges
| from pnysiClhHs VI tStdUllSHeu pEoIesSlOudl
character. in order that the State may be
freed from improper practitioners.
The powers of the Board of Examination and
Registration are widely extended and enlarged
in the seventh section of the act. In effect,
the members of the board appear to be au.
thorzed to lay the foundation of new med.
| ical school in Maine, in which persons who
are not graduates of an existing institution,
aud yet aspire to the practice of medicine,
shall be compelled to 60 before the Board of
registration and be examined as to proficiency
in "the English language, and in the sciences
of anatomy, physiology, medicine, hygiene,
chemistry, toxicology, the elementary prin.
ciples of histology, surRerv, obstetrics, and
in pathology ond aetiology. All examina.
lions shall be either wholly written, or in part
written, and in part oral, - the said board
shall determine"
This enlarged provision might not improb-
ably in time lead to school of medicine in
Maine, which would impose upon the State q
class of practitioners as little qualified for
their important duties as those against whom
this act is directed.
Next to the constitutional objection to which
l have already adverted. the most serious
objection to the act is the hasty mode of its
passage. Ii for no other reason than to give
the legislature the opportunity to reconsider
the measure, would feel constrained to re-
turn it as l now do. II il be urged that there
is no time for reconsideration, answer that
that fact of itself il good reason for the inter
position of my objection An act involving
so many grave consequences to the medical
profession, touching ut so many points the
interests, the feelings, and even the prtju-